e-availability Terms & Conditions

REFUNDS

If purchasing through our Worldpay account online you have the right to cancel within seven days of taking out the contract with us. If you do decide to cancel the order within 7 days we will refund the payment in full and you must delete all passwords and usernames sent to you as part of the setup procedure.

Terms and Conditions Governing the Purchase and Use of the e-availability Online Booking System

THESE TERMS AND CONDITIONS SET OUT the RIGHTS AND OBLIGATIONS OF Purchasers AND THOSE OF e-availability IN RELATION TO THE SERVICES OFFERED BY e-availability BY WAY OF THIS WEBSITE and the e-availability online booking system (HEREINAFTER COLLECTIVELY KNOWN AS the " SERVICES")

BEFORE YOU purchase our Services, PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS. BY purchasing the Services YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, DO NOT CLICK ON THE "Purchase" BUTTON. IF YOU HAVE ANY QUESTIONS ABOUT OUR TERMS AND CONDITIONS, PLEASE E-MAIL US AT sales@e-availability.com.

Restrictions: These terms and conditions specifically do not relate to the subsequent use of the e-availability Services by customers of the Purchaser (i.e. the accommodation provider) making bookings using the Services. Separate conditions apply and are viewed by these customers during the booking process.

Parties: These terms and conditions are made between e-availability and whosoever shall use this website ("the Purchaser") for the purpose of finding out information about or purchasing the Services provided by e-availability. Customers of the Purchaser are specifically not a party to these terms.

Terms and Conditions Governing the Purchase and Use of the e-availability Online Booking System

Purchase and Receipts

If buying the Services through this website, once the Purchaser has clicked the "Purchase" button as above, the Purchaser acknowledges that it is their responsibility to print and check the confirmation and to ensure that all of the details contained are correct. Where the details of the confirmation are not correct the Purchaser should contact sales@e-availability.com so that the details can be corrected.

Cancellation

After the initial 14 day guaranteed refund period, 90 days written notice is required to cancel the service.

Responsibility

By using this website, the Purchaser confirms that they are able and willing to meet any liability incurred as a result thereof. The Purchaser acknowledges that any purchase made on this website is non transferable.

Accuracy of Information

e-availability and its suppliers have taken reasonable care to ensure that the content of the website is accurate. The Purchaser acknowledges and accepts that e-availability cannot be held responsible for any inaccuracies in such information.

Complaints

Any complaint regarding the Services should be made by Email

Use of Purchaser's Contact Information

The Purchaser agrees and consents that e-availability may use the Purchaser's contact information (i.e. the Purchaser's, e-mail, postal address and/or other contact details) in order to contact the Purchaser in the event of problems with the Services and for any routine marketing communications. e-availability undertake not to pass on these details to any other party.

Terms and Conditions Applying to the Use of the Services by the Purchaser

No Guarantee of Continuous Access to e-availability

e-availability cannot guarantee continuous access without interruption to its Services, nor do e-availability guarantee secure access to its services. The performance of the e-availability website may be interfered with by many factors outside our control. No liability for any losses incurred by the Purchaser from interruption to or corruption of the Services will be accepted under any circumstances.

Legitimate Use of Services

The Purchaser may only use this website or the Services of e-availability for the specified purposes and hereby undertakes not to make any speculative, false or fraudulent use of this website or the Services on behalf of himself or other parties.

Bookings made with the Services

All bookings made with the Services form a contrat only between the Purchaser and the parties making the booking. e-availability is specifically not a party to any such booking contract and accepts no liability for any claims or complaints made against the purchaser.

Prices and Payment

The Purchaser acknowledges that e-availability does not have any control over the prices the Purchaser charges to their Clients making use of the Services.

Display of Cancellation Policy

It is a condition of the use of the e-availability system and Services that the Purchaser will display a clear and unambiguous cancellation policy fully compliant with any necessary legal requirements by entering the details in the appropriate section of the Administration facility of the Services. E-availability is not liable for any disputes arising between the Purchaser and their customers as a result of implementing this policy.

Quality of Accommodation

The Purchaser acknowledges e-availability has no responsibility for problems arising from the quality of accommodation or service provided to clients making bookings through the Services.

Accuracy of Information

e-availability and its suppliers have taken reasonable care to ensure that the content of the website delivering the Services is accurate. The Purchaser acknowledges and accepts that e-availability can not be held responsible for any inaccuracies in such information. e-availability is not responsible for any information which the Purchaser may enter into the Services.

Complaints

Any complaint regarding the business activities of the Purchaser is not the responsibility of e-availability.

Indemnity

The Purchaser agrees to indemnify and hold harmless e-availability from and against any liability damage or loss including legal fees and expenses that are incurred as a result of any action, inaction or omission by the Purchaser.

Consequential Loss

Under no conditions and in no event shall e-availability or its suppliers be liable for any consequential or special damages or losses, however arising (including, but not limited to negligence or breach of this terms and conditions or otherwise) or for any loss of property, data, profit, revenue or business, however caused even if that loss or damage was foreseeable by or the possibility of it was brought to the attention of e-availability.

Limitation of Liability

Notwithstanding the forgoing, e-availability liability to the Purchaser in any and all circumstances are limited to the lesser or either:-

whichever is the lesser.

Assignment

The Purchaser may not assign, convey, subcontract or delegate any rights, duties or obligations hereunder except with the written consent of e-availability.

Intellectual Property

The Purchaser acknowledges that all copyright, trademarks and other intellectual property rights in and relating to this website and to the Services are solely owned by or licensed to e-availability. The content or data found on the website may not be reproduced, sold, transferred or modified without the prior written consent of e-availability. Neither may the Purchaser modify, duplicate, display, copy, reproduce, license, publish, transfer or sell any information, software, products or services obtained from the website without the prior written consent of e-availability. The Purchaser further acknowledges that he/she must not use any of these intellectual property rights, or the e-availability Services, except to the extent necessary to use the Services in the manner anticipated by these terms and conditions.

System Integrity

The usage of any device, routine or software which inhibits or interferes with the running of the e-availability website or any booking concluded upon it is prohibited. Any action which creates a load on the e-availability website or infrastructure which may be considered unreasonable or disproportionate is prohibited.

General Conditions applying to these terms and Conditions

Amendment to These Terms and Conditions

e-availability reserve the right to amend these Terms and Conditions at any time. Updates will be effective 5 days after they are posted on the e-availability website.

Severability

These terms shall be deemed several. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not effect the validity and enforceability of any other remaining provisions.

Headings

The headings used in these Terms and Conditions are included for convenience only and shall not define, extend, limit or otherwise affect these Terms and Conditions.

Force Majeure

If as a consequence of Force Majeure, e-availability is obliged to curtail, alter or cancel the Services, the Purchaser shall not be entitled to claim compensation for any loss arising as a consequence of the said curtailment, alteration or cancellation. The term "Force Majeure" includes but is not limited to acts of God, natural disaster, fire and any other destruction of any accommodation booked, riots, acts of war or civil commotion, exercise of legislative, municipal, military or other authority, strikes, industrial action or any other reason beyond the control of e-availability.

Entire Agreement

These terms contain the entire agreement between e-availability and the Purchaser and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter and may not be amended or modified unless expressly agreed by e-availability in writing.

Governing Law

These Terms and Conditions are subject to exclusive Jurisdiction of the Courts Of Scotland.

Links

This site contains links to other sites. Please be aware that we are not responsible for the privacy practices of such other sites - this statement applies solely to information collected by this site.

© e-availability All Rights Reserved 2003 - 2009.

Use of this site is expressly subject to the above site terms and conditions

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